Chediac v. Whalen

Chediac v. Whalen

The handwritten notices of rent increase and the unsigned electricity agreement were invalid and did not comply with the Act; the landlord failed to prove tenant misconduct on the balance of probabilities and thus was not entitled to vacant possession; illegal rent increases must be repaid to the tenant ($1,815.00); the tenant must provide a key and the landlord must ensure a working washer and dryer or allow a $25/month rent deduction until repaired.

Citation
2023 NSSM 89
Parties
Appellant (landlord): Najat Chediac; Respondent (tenant): Tierney Whalen
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 November 2023
Procedural Posture
Appeal From Director of Residential Tenancies to Small Claims Court / Decision on Appeal (hearing Concluded)
Outcome
Appeal dismissed in part; Order of the Director of Residential Tenancies varied
Legal Topics
Rent Increase Legality, Vacant Possession/eviction, Tenant Access and Locks, Repair and Maintenance Obligations, Pest Control and Inspection, Illegal Rent Reimbursement
Source Language
English
Residential Tenancies Landlord and Tenant Law Administrative Law Evidence Rent Increase Legality Vacant Possession/eviction Tenant Access and Locks Repair and Maintenance Obligations +2 more

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Parties

Najat Chediac

Appellant (landlord)

Tierney Whalen

Respondent (tenant)

Procedural Posture

Appeal From Director of Residential Tenancies to Small Claims Court / Decision on Appeal (hearing Concluded)

Legal Issues

  1. 1 Whether the landlord validly increased rent in accordance with the Act
  2. 2 Whether the landlord proved grounds for vacant possession/eviction based on tenant misconduct
  3. 3 Whether the tenant unlawfully changed locks and the remedy for that

Ratio Decidendi

The handwritten notices of rent increase and the unsigned electricity agreement were invalid and did not comply with the Act; the landlord failed to prove tenant misconduct on the balance of probabilities and thus was not entitled to vacant possession; illegal rent increases must be repaid to the tenant ($1,815.00); the tenant must provide a key and the landlord must ensure a working washer and dryer or allow a $25/month rent deduction until repaired.

Court Disposition

Appeal dismissed in part; Order of the Director of Residential Tenancies varied

Orders

  • Appellant ordered to pay Respondent $1,815.00 for illegal rent increases
  • Respondent ordered to provide a key to her apartment to the Appellant within ten days of receipt of this decision, with delivery facilitated by Nova Scotia Legal Aid or counsel as directed